1. Censorship, pornography, & art ~ part II
Helen Longino. “Pornography, Oppression, and Freedom: A Closer Look.” Take Back the Night: Women on Pornography. Ed. Laura Leder. NY: William Morrow, 1980.
The moral position widely defended in the 60s & 70s
Only sexual activity which causes harm to others is immoral.
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2. Censorship, pornography, & art ~ part II
Pornography does not cause harm to others; it may be distasteful, but is not immoral.
Longino proposes to challenge this position.
First, need to clarify the meaning of pornography
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3. Censorship, pornography, & art ~ part II
As a starting point, Longino uses as a df. from the Commission on Obscenity and Pornography.
Pornography is verbal or pictorial explicit representations of sexual behavior
which is degrading and demeaning in its portrayal of the human female
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4. Censorship, pornography, & art ~ part II
& which treats women as mere sexual objects to be exploited
Longino proposes adding an endorsement clause to the Commission’s df.
Pornography presents sexual behavior wich is degrading & abusive to one or more of the participants and endorses this degradation.
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5. Censorship, pornography, & art ~ part II
Longino’s final df. of pornography: “verbal or pictorial material which represents or describes sexual behavior that is degrading or abusive to one or more of the participants in such a way as to endorse [or recommend] the degradation” (41).
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6. Censorship, pornography, & art ~ part II
The portrayal of sexually degrading & demeaning activity by itself is not necessarily pornography
Neither is explicit nudity
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7. Censorship, pornography, & art ~ part II
Is pornography immoral?
Longino: Yes & for 3 reasons
1. Pornography lies about women.
How?
It says that the sexual life of women much be subordinate to the service of men, that women are fit subjects for rape, bondage, & torture.
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8. Censorship, pornography, & art ~ part II
2. Pornography affects the equality of women
How?
Pornography (for some?) defines who women are (46).
Pornography denies that women are independently human & have an equal status with men (47).
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9. Censorship, pornography, & art ~ part II
3. Pornography may be causally linked to violence toward women.
Should pornography be illegal?
Yes, for 3 indirect reasons. Longino’s argument for legal restrictions on pornography is indirect--i.e., she responds to legal objections.
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10. Censorship, pornography, & art ~ part II
1. Legal restrictions on pornography would violate the 1st amendment by intruding on privacy.
Longino’s response -- pornography is not private
2. Pornography is a form of speech and as such protected by the 1st amendment.
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
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11. Censorship, pornography, & art ~ part II
Right of free speech is not absolute (e.g.s incitement to violence, perjury, slander, fraud, libel).
Pornography is similar to these forms of speech which are not legal because it defames & threatens all members of a class, women (50).
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
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12. Censorship, pornography, & art ~ part II
Distinction between “liberty as license” (LL) & “liberty as indendence” (LI) (from Ronald Dworkin). [Is liberty of speech a 3rd form of liberty?]
The 1st amendment is really liberty as independence.
Liberty of speech is derivative from LI.
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
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13. Censorship, pornography, & art ~ part II
My reading of Longino:
Basic form of liberty standing behind the 1st amendment is LI.
Liberty of speech is derivative from LI.
The 1st amendment is not at all about LL.
Pornography takes LI away from women.
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
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14. Censorship, pornography, & art ~ part II
3. Legal restrictions on pornography would be the 1st step toward political censorship.
Longino’s reply: Legal restrictions on pornography would enhance LI & this in turn would enhance political liberty (i.e., participation of women in the political process).
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
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15. Censorship, pornography, & art ~ part II
Comments
Others contemporaries who offer arguments similar to those of Longino -- Catherine MacKinnon & Andrea Dworkin
The causal connection between pornography & violence toward women argument
Possibility of correlation because of 3rd factor
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
Censorship, pornography, & art - part II - slide 15

16. Censorship, pornography, & art ~ part II
Ronald Dworkin: “Though there is some evidence that pornography weakens people’s critical attitudes toward sexual violence, there is no persuasive evidence that it causes more actual incidents of assault.” (Ronald Dworkin. “Liberty and Pornography.” New York Review of Books 25 August 1991: )
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
Censorship, pornography, & art - part II - slide 16

17. Censorship, pornography, & art ~ part II
The general thrust of Dworkin’s position: American democracy has chose freedom of speech as a fundamental value; therefore it must give up some other ideals. No all ideals are compatible.
1st 10 amendments of the Constitution, called the Bill of Rights, was adopted in 1791.
Art. 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.
Censorship, pornography, & art - part II - slide 17